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County Council Minutes SUSSEX COUNTY COUNCIL-GEORGETOWN, DELAWARE-FEBRUARY 26, 1974 Call to The regular meeting of the Sussex County Council was held Order on Tuesday, February 26, 1974 at 10:00 A. M. with the fol­ lowing members present: Oliver E. Hill President Ralph E. Benson Vice President John T. Cannon, Sr. Member William B. Chandler, Jr. Member Richard L. Timmons Member The meeting was opened with the repeating of the Lord's Prayer and the Pledge of Allegiance to the flag. M 084 74 A Motion was made by Mr. Cannon, seconded by Mr. Benson, to Minutes approve the minutes of the previous meeting as presented. Approved Motion Adopted by Voice Vote. Corre­ The following correspondence was read by Mr. Betts, County spondence Solicitor: Environmental Protection Agency and Delaware Department of Natural Resources and Environmental Control. Re: Joint Public Hearings to be held on an application for National Pollution Discharge Elimination System (NPDES) Permit to Discharge to State Waters; an application for a Permit pursuant to 7 Del. C. ~ 6003 to construct, operate and main­ tain a sewage treatment plant which will discharge into State waters; and an application for a Permit pursuant to Title 7 Del. C. ~ 6152 to dredge and constrµct an outfall in state waters. These Hearings were scheduled for March 25, 1974 in the Rehoboth Beach Convention Hall, Rehoboth Avenue, Reho­ both Beach, Delaware. Joseph R. Biden, Jr., U. S. Senator; Pierre S. du Pont, U. S. Representative; and William V. Roth, Jr., U. S. Senator. Re: A newly amended Presidential Election Campaign Fund which became law July 1, 1973. Interstate Commerce Commission. Re: Final Hearing schedule announced in rail restructuring. Delaware Safety Council, Inc. Re: A one-day seminar on the Excavations and Trenching Stan­ dards as spelled out under the provisions of the Occupational Safety and Health Act (OSHA). Commissioners of Bethany Beach. Re: Support of a Resolution by the County Council opposing all efforts to weaken the State's 1971 Coastal Zoning Act. -1- February 26, 1974 Corre­ City of Seaford. spondence Re: Requesting the continuance of the Sussex County Com­ Cont. munity Action Committee's Program. Patricia C. Beebe, President, Sigma Chapter, Beta Sigma Phi. Re: Their concern for the Lewes Head Start Center if the Sussex County Community Action Agency ceases its operation in June. R 003 74 The following Resolution was read by Mr. Betts, County Solicitor: WHEREAS, Sussex County Council herein called the "Appli­ cant", after thorough consideration of the various aspects of the problem and study of available data, has hereby de­ termined that the construction of certain works, required for the collection of sewage, generally described as Trench­ less Sewer Construction, Bethany Sanitary District, herein called the "Project", is desirable and in the public interest, and to that end it is necessary that action preliminary to the construction of said Project be taken immediately; and WHEREAS, under the Federal Water Pollution Control Act, as amended, the United States Environmental Protection Agency has authorized the making of grants to aid in financing the cost of construction of necessary collection facilities to prevent the discharge of untreated or inadequately treated sewage or other waste into any waters and for the purpose of reports, plans, and specifications in connection therewith; and WHEREAS, the Applicant has examined and duly considered said Act, as amended, and the Applicant deems it to be in the public interest and to the public benefit to file an application under this Act, as amended, and to authorize other action in connection therewith; NOW, THEREFORE, BE IT RESOLVED by Sussex County Council, the governing body of said Applicant, as follows: 1. That the construction of said Project is essen­ tial to and is in the best interests of the Applicant, and to the end that said project may be constructed as promptly as practicable it is desirable that action preliminary to the construction thereof be undertaken immediately; 2. That William C. Henry, County Engineer, be hereby authorized to file in behalf of the Applicant an -2- February 26, 1974 R 003 74 application (in the form required by the United States and Cont. in conformity with the Act, as amended) for a grant to be made by the United States to the Applicant to aid in defray­ ing the cost of construction of the sewerage treatment works described above; 3. That if such grant be made, the Applicant agrees to pay all the remaining cost of the approved Project, over and above the amount of Federal and State grants; 4. That if such grant be made, the Applicant agrees to make provision satisfactory to the Environmental Protec­ tion Agency for assuring proper and efficient operation and maintenance of the collection facilities after completion of the construction thereof; 5. That the said William C. Henry, County Engineer, is hereby authorized to accept any Federal Grant that may be offered; to furnish such information and to take such other action as may be necessary to enable the Applicant to qualify for the grant; and 6. That the said William C. Henry, County Engineer, is hereby designated as the authorized representative of the Applicant for the purpose of furnishing to the United States such information, data, and documents pertaining to the application for a grant as may be required; and otherwise to act as the authorized representative of the Applicant in connection with this application and in connection with any requirements of any Federal grant which may be made; 7. That certified copies of this Resolution be added to the grant offer and acceptance documents. M 085 74 A Motion was made by Mr. Timmons, seconded by Mr. Chandler, R 003 74 that Resolution No. R 003 74 be adopted as read by Mr. Betts, County Solicitor. Motion Adopted; 5 Yea. Vote by Roll Call: Mr. Benson, Yea; Mr. Cannon, Yea; Mr. Chandler, Yea; Mr. Timmons, Yea; Mr. Hill, Yea M 086 74 A Motion was made by Mr. Cannon, seconded by Mr. Benson, that Air Condi­ Bruce J. Farrelly be awarded the bid for the installation of tioner for an Air Conditioner for the Computer Room in the amount of Computer $1,095.00. Motion Adopted; 5 Yea. Room -3- February 26, 1974 M 086 74 Vote by Roll Call: Mr. Benson, Yea; Mr. Cannon, Yea; Cont. Mr. Chandler, Yea; Mr. Timmons, Yea; Mr. Hill, Yea Salt The following letter was read by Mr. Henry, County Engineer: Pond February 21, 1974 Mr. William C. Henry, County Engineer Delaware County Commissioners Court House Georgetown, Delaware 19947 Re: Salt Pond Dear Mr. Henry: After investigating the possibility of obtaining water for the above referenced project from the Sussex Shores Water Company, it appears that they are either unwilling or unable to furnish service to this area. Therefore, the developer has determined that he must establish a privately owned public utility to serve his development. We are writing this letter on his behalf to suggest certain provi­ sions which we believe could be included in an agreement between the developer and the County to enable the County to purchase this system at some future date. The basis for the agreement would be as follows: 1) The water system will consist of a well, a treatment plant, storage facilities, and a distribution system with fire protection. 2) The system will be capable of serving approxi­ mately 1,458 dwelling units, all located within the RPC zone in the development known as Salt Pond. 3) The water system will be built to the specifica­ tions for Water Systems for Sussex County. 4) The system will be designed to become part of the regional system for the County. 5) All construction plans and specifications will be submitted to the County for review before contracts for construction are let. 6) Easements will be provided over the private roads or through private property to accomodate the water system. -4- February 26, 1974 Salt 7) The County will have the option for a period Pond of 10 years to either: Cont. (a) lease the water system or (b) purchase the water system 8) The purchase price will be the construction cost of the facilities to be incorporated into the County system, less depreciation computed at the rate allowed by the Public Service Commission. The construction cost is defined as the actual cost paid to the contractors for materials and labor plus the cost of design, stakeout and inspection of the facilities. The purchase price will not include any fran­ chise costs, goodwill or other intangibles. 9) All easements, rights of way and fee simple property necessary to maintain and operate the water system will be dedicated by the developer without charge and will be free and clear of all liens. 10) The privately owned public utility will use its best effort to establish a rate base which would be comparable to the rates to be charged by the County, insofar as the rules and regulations of the Public Service Commission will allow. We believe that the above provisions constitute a basis for an agreement between the developer and the County, and will enable the County to obtain control of this utility at such time as it deems feasible and in the most equitable manner. Please review the above as soon as possible. We will be available to supply any additional information that you request. Very truly yours, WHITMAN, REQUARDT and ASSOCIATES By: Thomas J. Shafer No action was taken on the above letter. American Mr. Ray R. Wise of the American Cancer Society appeared before Cancer the Council and explained the services of this Society and Society their need for funds.
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